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Issues Involved: Appeal against order of company judge for winding up petition dismissal.
Facts: Respondent placed order for red polished stones, paid advance, appellant supplied goods, respondent alleged quality and delay issues, appellant claimed due amount and sales tax, winding up petition filed under section 433 of Companies Act. Contentions: Respondent disputed rate, quality, and delay, claimed loss due to incomplete supply, appellant denied liability, respondent raised objections after taking delivery without demur, some goods exported by respondent, respondent's counter-claim vague and doubtful. Judgment: Single judge found no merit in respondent's contentions, noted fabricated letters, lack of bona fides in defense, dismissed petition but ordered respondent to deposit Rs. 25,000, further deposit of Rs. 50,000 made by respondent, lack of merit in respondent's counter-claim, no basis for defense, lack of ability to pay due amount. Decision: Appeal allowed, winding up petition admitted, question of advertisement and citation left to company judge, consideration for provisional liquidator appointment, directors to be summoned for statements, no order as to costs.
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